Decisions

A report was presented on the Secretary of State's decision to refuse the above application for the construction and operation of a site for drilling of up to four exploratory wells including hydraulic fracturing, testing and site restoration on land at Roseacre Wood near Elswick.

Members were reminded that the committee had refused planning permission for this development in 2015 on the grounds that it would generate an increase in traffic, particularly HGV movements, that would result in an unacceptable impact on the rural highway network and on existing road users, particularly vulnerable road users and a reduction in overall highway safety that would be severe.

This decision was the subject of an appeal which was determined by way of a public inquiry held in February and March 2016. Athough the Inspector at the Inquiry agreed with the council's decision, the then Secretary of State, ruled that he was “minded” to allow the appeal if the applicant could address concerns over highways safety. 

A second public inquiry into that single issue was re-opened in April 2018 and heard additional highway evidence. The county council maintained its opposition to the planning application on the basis that the revised traffic management proposals did not address the highway safety issues on the local road network. The Planning Inspector presiding over the Inquiry concurred with this view as did the Secretary of State who concluded that the highway impacts were such that overall, planning permission should be refused.

Members welcomed the decision and joined with the Chair in congratulating officers both past and present for recommending that the application be refused, a decision which had proved to be the right decision. Officers were also thanked for their part in preparing the council's case in respect of the two public inquiries.

In response to questions raised by committee members, the Officers advised that despite winning the appeal, the council would not be awarded its costs for the public inquiry as costs were awarded as a result of unreasonable behaviour and did not automatically follow a favourable decision. 

It was reported that since the last meeting of the Committee on 23 January 2019, five planning applications had been granted planning permission by the Head of Service Planning and Environment in accordance with the county council's Scheme of Delegation.

The Head of Service Planning and Environment responded to questions raised by the Members with regard to the scoping request for a proposed energy recovery facility at Red Scar Industrial Estate and the authorisation to allow longer working hours at Whinney Hill Quarry Landfill Site at Altham. 

Resolved: That the report be noted.

In line with the county council's procurement rules this report sets out a recommendation to approve the commencement of the following tender processes:

(i)  The provision of mental health employment support, resilience and social recovery services.

(ii)  An approved provider list for the supply of care services in supported housing.

(iii)  Planned and reactive vehicle parts and repair service.

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation(s) as set out in the report.

This report proposes to seek a two year extension to the civil parking enforcement contract.

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation(s) as set out in the report.

This report updates Cabinet on the Samlesbury Aerospace Enterprise Zone.

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation(s) as set out in the report.

This report provides an update on the Lancashire Central – Cuerden site.

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation(s) as amended.

The Cabinet approved the recommendation(s) as set out in the report.

The Cabinet approved the recommendation(s) as set out in the report.

This report sets out a proposal to provide additional school places in Burnley.

The Cabinet approved the recommendation(s) as set out in the report.

Following a review of the current Staying Put policy which came into effect from 1 June 2014, Appendix 'A' sets out a revised policy and procedure guide that provides comprehensive information and guidance for young people, foster carers and for staff and reflects the proposed changes to the existing financial arrangements.

The Cabinet approved the recommendation(s) as set out in the report.

This report outlines the work of the District Youth Councils in their role in recommending grant monies to third sector organisations which are registered with the Children and Family Wellbeing Service.

The Cabinet approved the recommendation(s) as set out in the report.

The Cabinet approved the recommendation(s) as set out in the report.

On 14 February 2019, Full Council approved the high level apportionment of the anticipated 2019/20 Integrated Transport grant funding from the Department for Transport. Following this, on 7 March 2019, Cabinet approved that a further report be presented to detail the proposed projects for the Road Safety and Cycling Safety programmes. Subsequently, this report recommends approval of the detailed programmes of work relating to the programmes given above as set out at Appendices 'A' and 'B'.

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation(s) as set out in the report.

The Cabinet approved the recommendation(s) as set out in the report.

The Cabinet approved the recommendation(s) as set out in the report.

Between 7 January and 15 February 2019, at the request of the governing board and in partnership with the Diocese of Blackburn, the authority consulted on a proposal to close Bleasdale Church of England Primary School, with implementation commencing from 31 August 2019. Under the statutory process, the authority is now required to consider the responses to the stage 1 consultation and decide whether to publish a Statutory Notice on the proposal.

The purpose of this report is to provide the information necessary for that decision to be considered.

The Cabinet approved the recommendation(s) as set out in the report.

A report was presented on an application for the addition to the Definitive Map and Statement of Public Rights of Way, for a footpath from Heald Lane, through Weir Lodges to Office Road, Bacup, as shown by a thick dashed line between points A1-B and A2-B-C-D-E on the Committee plan attached to the agenda papers.

A site inspection had been carried out in October 2018.

It was reported that, despite some inconsistencies in the evidence, overall the user evidence supported 'as of right' use of the application route, by a large section of the public, for the 20 year period under consideration. In addition, Committee were advised that it was reasonably alleged that an intention to dedicate the route as highway may be inferred at common law, and that user evidence demonstrated an acceptance of that dedication.

Although the application was for the addition of a footpath, the user evidence, whilst fully supportive of a footpath, also suggested regular use of the route as a bridleway.  109 user evidence forms had been submitted; 14 had used either part or the full length of the application route with a horse and 22 had cycled along the route on a regular basis.  44 users had reported seeing others with horses and 36 had seen cyclists.  Committee was advised that use of the application route on cycle and horse appeared to be at such a level to suggest that the public right of way was a bridleway.

It was reported that whether there was sufficient evidence to find, on balance, that the application route subsisted was more difficult at the present time. It was suggested therefore that while the Order ran its course, there would be an opportunity for the user evidence to be considered in more detail and that, not being satisfied that the higher test for confirming the Order could be met, the matter be brought back to Regulatory Committee to decide what stance to take in respect of confirmation of the Order.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of a Footpath from Heald Lane through Weir Lodges to Office Road, Bacup in accordance with File No. 804-603, be accepted subject to the recording of additional rights discovered.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) the Wildlife and Countryside Act 1981 to add a Bridleway from Heald Lane through Weir Lodges to Office Road, Bacup to the Definitive Map and Statement of Public Rights of Way as shown on Committee Plan between points A1–B and A2–B–C–D–E.

(iii)  That being satisfied that the higher test for confirming the Order can be met, the matter be returned to Regulatory Committee at a later date to decide what stance to take regarding confirmation of the Order.

Resolved: That the minutes of the meeting held on 5^th December 2018 be confirmed and signed by the Chair.

A report was presented on the proposed diversion of part of Bridleway Walton-le-Dale 80, South Ribble Borough, from the route shown by a bold continuous line and marked A-B, to the route shown by a bold broken line and marked A-C on the Committee plan attached to the agenda papers.

It was noted that the proposed diversion was part of a wider scheme to carry out improvements to the public rights of way in this area and that it was an important route for recreational use and commuting, and was well used particularly by cyclists and pedestrians.

It was proposed that the surface of the bridleway be improved and that a new track be constructed to segregate users of the bridleway from the agricultural vehicles, therefore improving the safety and enjoyment for bridleway users.

The Committee noted that consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.

The Committee were advised that the effect of the Order was compatible with the county council's 'Rights of Way Improvement Plan'.

Resolved:

(i)  That subject to no unsatisfactory responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Bridleway Walton-le-Dale 80, from the route shown by a bold continuous line and marked A-B, to the route shown by a bold broken line and marked A-C on the attached map.

(ii)  That in the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the county council promotes the order to confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.

A report was presented on the proposed creation by agreement of a publically maintainable footpath to widen a 185 metre section of existing Footpath Haslingden 386 to 3 metres at Raven Shore, Helmshore, marked B-C on the Committee plan attached to the agenda papers and to create a new 30 metre section of publically maintainable footpath between Footpath Haslingden 386 and Footpath Haslingden 395, marked A-B on the Committee plan.

The Committee noted that the surface of Footpath Haslingden 386 was eroded and that it had deteriorated significantly since the start of 2016 and was now in a poor condition and difficult to use. It was reported that funding had become available to improve the path through the East Lancashire Cycleway project. The new 3 metre wide surface would be constructed using a mix of recycled tyres and aggregate, known as flexible paving, and this would also be used for the new 3 metre wide section of footpath.  It was reported that this surface was softer than tarmac and was porous, preventing ice formation.

The Committee were informed that the long term aspiration was for the route to be a bridleway, but that it would remain a footpath until the outcome of the current Definitive Map Modification Order application to record a bridleway along Irongate Lane (Haslingden 387) was known.

The proposal was considered to be a benefit to the public in view of the fact that it would improve the network of public rights of way for pedestrians between Holme Vale and Raven Shore, Helmshore and potentially improve future transportation links for cyclists.  In addition, the Committee were advised that the effect of the Order was compatible with the material provisions of the county council's 'Rights of Way Improvement Plan', in that it would be working towards improving access for pedestrians, equestrians and cyclists in Lancashire.

The Committee were informed that flexible paving was currently being used on a trial basis, and that it had received very positive feedback. The Committee requested an update on this once the trial period had finished.

Resolved:

(i)That the proposal for a Public Path Creation Agreement to dedicate an extended width of footpath along 185 metres of Footpath Haslingden 386, at Raven Shore, Helmshore, be accepted.

(ii) That the proposal for a Public Path Creation Agreement to dedicate a new section of footpath between Footpath 386 and Footpath 395, at Raven Shore, Helmshore, be accepted.

(iii) That a Public Path Creation Agreement be entered into under Section 25 of the Highways Act 1980 between the owner of the land of Footpath Haslingden 386 and Lancashire County Council to dedicate a length of footpath marked in pink on the attached map and annotated A-B-C.

A report was presented on the proposed creation by dedication agreement of a publically maintainable footpath along the former railway line between Irongate Lane (Haslingden 387), and Lumb Viaduct, Irwell Vale, Rossendale Borough, marked as A-B on the Committee plan attached to the agenda papers.

It was reported that the creation of the footpath would secure a public right of way for pedestrians and connect the existing Irongate Lane to Lumb Viaduct, which was considered to be a place of public resort. The Committee noted that, whilst it was currently the intention for this route to be dedicated as a footpath, the longer term aspiration was that it be upgraded to a bridleway. However, this was dependant on the current Definitive Map Modification Order application to record a bridleway along Irongate Lane being confirmed.

The proposal was considered to be a benefit to the public in view of the fact that it would improve the network of public rights of way for pedestrians between Lumb Viaduct and Haslingden 387 (Irongate Lane) to the north and further afield between the settlements of Irwell Vale and Strongstry to the east and Holme Vale to the north.  It was hoped that the route would also improve transportation links for cyclists in the future, with the agreement covering future cycle and equestrian use.

The Committee were advised that the effect of the Order was compatible with the material provisions of the county council's 'Rights of Way Improvement Plan' in that it would be working towards improving access for pedestrians, equestrians and cyclists in Lancashire.

Resolved:

(i)  That the proposal for a Public Path Creation Agreement to dedicate a length of footpath along the former railway line at Helmshore, Rossendale connecting Irongate Lane to Lumb Viaduct, be accepted.

(ii)  That a Public Path Creation Agreement be entered into under Section 25 of the Highways Act 1980, between the owner of the land south of Irongate Lane to Lumb Viaduct, and Lancashire County Council to dedicate a length of footpath marked A-B on the Committee plan.

A report was presented on an application for the proposed diversion of part of Footpath Hapton 17, Burnley Borough, from the route shown by a bold continuous line and marked A-B, to the route shown by a bold broken line and marked A-C on the Committee plan attached to the agenda papers.

It was reported that Watson Laithe Farm was a small holding which included a residential dwelling, stables and agricultural buildings. The Committee noted that the footpath currently ran through the property and the diversion, if successful, would move the footpath onto a track that was located outside the curtilage of the residential and working areas of the farm, thereby increasing the privacy and security for the residents, whilst providing a route that was safe and convenient for public use.

The Committee noted that consultation with the statutory undertakers had been carried out and no objections or adverse comments on the proposal had been received.

The Committee were advised that the effect of the Order was compatible with the material provisions of the county council's 'Rights of Way Improvement Plan'.

Resolved:

(i)  That subject to satisfactory responses to the consultations, an Order be made under Section 119 of the Highways Act 1980 to divert part of Footpath Hapton 17, from the route shown by a bold continuous line and marked A-B to the route shown by a bold broken line and marked A-C on the attached map.

(ii)  That in the event of no objections being received, the Order be confirmed and in the event of objections being received and not withdrawn, the Order be sent to the Secretary of State and the county council take a neutral stance with respect to its confirmation.

(iii)  That provision be included in the Order such that it is also made under Section 53A of the Wildlife and Countryside Act 1981, to amend the Definitive Map and Statement of Public Rights of Way in consequence of the coming into operation of the diversion.

A report was presented on an application for a footpath in Howick Hall Wood, Penwortham, to be added to the Definitive Map and Statement of Public Rights of Way, as shown by a thick dashed line between points A-B-C-D-E-F on the Committee plan attached to the agenda papers.

A site inspection had been carried out in October 2018.

It was reported that the map or documentary evidence examined did not support the existence of the application route, and that nothing found suggested that the full length of the route physically existed, until at some point during which the site was managed as a nature reserve by the Wildlife Trust. Use of the route by the public was considered to have been 'by right' rather than 'as of right'.

It was suggested to Committee that, taking all the information into account, neither deemed dedication under Section 31 Highways Act 1980, nor inferred dedication at common law could be satisfied and that the application should be turned down and no Order made.

It was confirmed that members of the public could still use the route and, as far as officers were aware, there was no suggestion that such access was under threat.

Resolved:

(i)  That the application for the addition to the Definitive Map and

Statement of Public Rights of Way of a footpath in Howick Hall Wood, Penwortham, in accordance with File No. 804-523, be not accepted.

(ii)  That no Order be made.

An application under Schedule 14 of the Wildlife and Countryside Act 1981, for the addition to the Definitive Map and Statement of Public Rights of Way of a public footpath from Kellet Road to Dunkirk Avenue, Carnforth had been considered by the Regulatory Committee on 19 September 2018. A copy of the Committee report had been provided with the agenda papers.

The Committee had resolved that an Order be made to record the application route, shown by a thick dashed line between points A-B-C-D-E-F on the Committee plan, forming part of that report, as a public footpath.  However, at the site meeting, it became apparent that the walked line through the quarry site was different to the route shown on the Committee plan between point B and C, with the walked line being further east than was originally shown. It was reported that GPS had been used to plot the trodden route.

Committee was now asked to consider the trodden route and accept the application on the revised line. The plan had been agreed by the applicant as the correct representation of the line to which the evidence of use refers.

Site inspections had been carried out in February 2018 and November 2018.

Resolved:

(i)  That the revised plan for the addition to the Definitive Map and Statement of a Public Footpath from Kellet Road to Dunkirk Avenue, Carnforth, in accordance with File Number 804-593, be accepted;

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981 to add a Public Footpath from Kellet Road to Dunkirk Avenue, Carnforth to the Definitive Map and Statement of Public Rights of Way as shown on the revised Committee Plan between points A-B-C-D-E-F.

(iii)  That being satisfied that the higher test for confirmation can be met the Order be promoted to confirmation.

The Chair welcomed County Councillor Peter Buckley, Cabinet Member for Community and Cultural Services; Debbie Thompson, Public Health Specialist, Lancashire County Council; Angela Harrison, Director of the Office of the Police and Crime Commissioner; Robert Ruston, Partnerships Officer, Police and Crime Commissioner's Office; and Lee Sculpher, Senior Partnership Analyst, Public Health, Lancashire County Council, to the meeting.

The report presented provided an overview of the Strategic Assessment, which in Lancashire was produced on a three yearly cycle, with an annual review of key findings. Members raised concerns that knife crime had not been included in the Community Safety Agreement for 2019-2022, given recent events both locally and nationally. Members also suggested if work could be done in schools to help reduce knife crime. Officers felt they would welcome the opportunity to work with schools and youth forums. It was reported that the Community Safety Agreement was a high-level document of key issues and that detailed work would happen in local areas.

The Committee noted that Lancashire County Council could not instruct what each of the Community Safety Partnership's priorities should be. It was also noted that the information used to inform the Agreement was gathered 12 months ago.

A question was asked regarding when, how and from whom the Living in Lancashire Survey was sent out to. In response it was reported that the officers in attendance didn't have the information with them at the meeting but agreed to contact Lancashire County Council's Communications team to obtain and circulate it to the Committee. A copy of the response is set out in the minutes.

Members fed back on the concerns of their residents. The committee felt there was a loss of connectivity between police and the communities. Concerns were raised about the lack of PACT (Police and Communities Together) meetings. Engagement with communities was different across the County and in some instances was through a virtual online PACT. The Committee was informed that three Engagement Officers had recently been appointed to work with each of the Base Command Unit areas. However, there was a consensus from members that they wanted to see more policing in their areas.

The Committee was informed that over the next four months a review of Community Safety Partnership working and Governance arrangements would be undertaken. It was suggested that the outcome of the review be presented to the Committee in five months' time.

Resolved:

1.  The Cabinet Member for Community and Cultural Services consider the inclusion of knife crime in the Community Safety Agreement for 2019-2022, before it takes effect from 1 April 2019.

2.  An update on the review of Community Safety Partnerships be presented to the External Scrutiny Committee in five months' time.

The Chair welcomed Helen Norris, Stakeholder Engagement and CSR Manager; Mike Taylor, Customer Engagement Manager and Strategic Projects; Jonathan Booth, Asset Management; and Ebrahim Hajat, Investment Manager, to the meeting.

The officers delivered a presentation which provided the committee with:

·  An introduction to Electricity North West.

·  Information on investments in Lancashire, customer service and support partnerships for vulnerable customers.

·  Information on supporting strategic projects and low carbon technologies.

On investments in Lancashire, it was noted that Electricity North West's assets were installed during the 1950s/60s and there was now a requirement to change these assets to enable new ways of delivering electricity and managing reliability. The Committee was informed that behaviour changes of people affected the network and whilst Electricity North West ensured power cuts were minimised it was now looking at smarter ways of working such as installing new technology to become efficient, resilient and responsive to people's needs as well as to help identify any faults.

It was noted that the average time a person could expect to go between experiencing a power cut was 3.3 years. As such, power cuts for most parts of the county were considered rare occurrences, whereupon it was intimated that some people were perhaps not as prepared for such events as others. Power cuts were more likely to occur in West Lancashire and Ribble Valley districts. Electricity North West was currently replacing overhead lines in Ribble Valley with underground cable. It was noted that approximately 80% of the network was underground.

In referencing Greater Manchester's ambition to become carbon neutral by 2038, it was noted that Electricity North West would welcome working with the county council on its carbon plan and aspirations. Officers also made reference to a Lancashire Energy Strategy which was produced during 2018. However, no further action or confirmation of its endorsement had been communicated.

With regard to vulnerable customers it was highlighted that when faults occurred on the network, for some people it was a considerable inconvenience and in some cases life-threatening i.e. people who are medically dependent on electricity. There was a need to look at alternative ways of providing electricity. It was reported that Electricity North West maintained a Priority Services Register (PSR) and worked with a number of organisations to support vulnerable customers including Citizens Advice. The Committee was informed that as well as providing debt advice, Citizens Advice also provided energy advice.

In addition to this Electricity North West was trialling its industry leading data sharing with United Utilities in its "Tell us Once" initiative. With consent from a person, it could share data with United Utilities and was hoping to roll this out with other utility companies. Electricity North West was also in the process of identifying areas of fuel poverty.

On emerging issues the Committee was informed that in November 2018, Electricity North West had published a report on 'Distribution Future Electricity Scenarios (DFES) and Regional Insights across the North West' including Lancashire. A copy of which is set out on their website. A webinar (online seminar) event was to be held on 28 March 2019, which aimed to provide participants with the opportunity to find out more about how levels of demand and generation were anticipated. The Committee was also informed of the Manchester Green Summit that was to be held on 25 March 2019. Electricity North West was also supporting the Climate and Environmental Emergency Conference in Lancaster on 29 March 2019.

Given the duration passed in considering this item, it was;

Resolved: That the formulation of recommendations be considered under item 7 - External Scrutiny Committee Work Programme 2018/19.

This report requests approval, in accordance with the Articles of Association for the Lancashire Enterprise Partnership Limited, to accept Blackpool Council as a Member of the company with immediate effect.

The Leader of the County Council approved the recommendation(s) as set out in the report.

This decision should be implemented immediately for the purposes of Standing Order C29 as any delay could adversely affect the execution of the county council's responsibilities.  The reason for this is to ensure this membership change is enacted by 1^st April 2019 in accordance with Government's request.

A report was presented on an application under Schedule 14 of the Wildlife and Countryside Act 1981 for a restricted byway to be recorded on the Definitive Map and Statement of Public Rights of Way from Coastal Road to the Lancaster Canal, Bolton-le-Sands, shown by a thick dashed line between points A-B on the Committee plan attached to the agenda papers.

David Goode pointed out that there was an error in the report and that the application was for a restricted byway, not a footpath as had been stated in the report.

It was reported that, from 1846 to the current day, all map and documentary evidence examined suggested that the route had remained unaltered and, although gated at point A and point B for at least some of its existence, the route appeared to have been capable of being used, subject to being able to get through, round or over any gates, and supported the user evidence submitted as part of the application, to gain access to and from the canal towpath.

The user evidence clearly showed the use of the route on foot and on bicycle for an extensive period without any apparent interruption.  No user claimed to have been stopped or turned back from using the route, nor had any signage been erected to deter users.

It was suggested that the Committee may consider that there had been as of right use for the twenty year period without any interruption, and without any sufficient overt acts demonstrating an intention not to dedicate by the owners during that period.  Taking all the evidence into account, on balance, it was suggested that Committee may consider that there was sufficient evidence from which a dedication of this route as a bridleway could be deemed under Section 31 of the Highways Act 1980, or inferred under Common Law, and that the application be accepted with the modification that the route is recorded as a bridleway.

Resolved:

(i)  That the application for the addition to the Definitive Map and Statement of Public Rights of Way of a restricted byway from Coastal Road to the Lancaster Canal, Bolton-le-Sands, in accordance with File No. 804-602, be accepted subject to the recording of additional rights discovered.

(ii)  That an Order be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (3)(c)(i) of the Wildlife and Countryside Act 1981, to record a Bridleway from Coastal Road to the Lancaster Canal on the Definitive Map and Statement of Public Rights of Way as shown on the Committee plan between points A and B.

(iii)  That being satisfied that the higher test for confirmation can be met, the Order be promoted to confirmation.

A report was presented on an application by Up Holland Parish Council, under Schedule 14 of the Wildlife and Countryside Act 1981, for a footpath to be added along Ayrefield Road past Ayrefield House to Footpath Up Holland 2 on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan between points A-B-C-D, attached to the agenda papers.

David Goode pointed out two errors on the report:

·  Page 31 Recommendation (i) should read ...'for a footpath along Ayrefield Road…'

·  Page 73 first sentence under Landownership should read …'at the very western end of the route …'

A site inspection had been carried out on 18 September 2018.

The Committee noted that the map and documentary evidence examined supported the view that the route had existed since at least the late 19^th Century and that, until 2014, use of the route had been unchallenged.

It was advised that for the period 1994 to 2014, there was sufficient evidence of 'as of right' use of the route by the public between points A and D to raise a presumption of dedication.

Taking all the evidence into account, and on the balance of probabilities, it was suggested that the Committee may consider that the higher statutory test for dedication of a public right of way between points A to D could be satisfied.  In addition, Committee may also consider that the common law test for inference of dedication had been satisfied for the full extent of the route claimed.  Committee was therefore advised to accept the claim for the route marked A-B-C-D to be added to the Definitive Map and Statement as a public footpath and to promote the order to confirmation.

Resolved:

(i)  That the application for a footpath along Ayrefield Road past Ayrefield House to Footpath Up Holland 2, in accordance with File No. 804-600, be accepted.

(ii)  That an Order(s) be made pursuant to Section 53 (2)(b) and Section 53 (3)(b) and/or Section 53 (c)(i) of the Wildlife and Countryside Act 1981, to add a footpath along Ayrefield Road past Ayrefield House to Footpath Up Holland 2, on the Definitive Map and Statement of Public Rights of Way, as shown on the Committee plan between points A-B-C-D.

(iii)  That being satisfied that the higher test for confirmation can be met, the Order be promoted to confirmation.

The Leader of the County Council approved the recommendation(s) as set out in the report.

This decision should be implemented immediately for the purposes of Standing Order C29 as any delay could adversely affect the execution of the county council's responsibilities.  The reason for this is that the county council, as the member of the Lancashire Enterprise Partnership Limited, needs to approve this appointment to ensure it is in place before the Government compliance deadline of 1^st April 2019.

Following a review of the Care Leavers Financial Entitlements, Appendix 'A' sets out a revised policy reflecting proposed changes to the existing financial arrangements.

This is deemed to be a Key Decision and the provisions of Standing Order C19 have been complied with.

The Cabinet approved the recommendation(s) as set out in the report.